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<p><!-- pencil -->March 1807</p>
''This Page Has Not Been Transcribed Yet''
<p>In the conduct of every human tribunal, <hi rend="underline">injustice</hi> is<lb/>
 
liable to manifest itself in all its <hi rend="underline">shapes</hi>.</p>
 
<p>If such remedies as the nature of things affords <del>for</del><lb/>
 
against this evil, exercise of the <hi rend="underline">superintending</hi> authority of<lb/>
<del>most</del> some other tribunal, <add>applied to the <hi rend="underline">correction</hi> of the injustice,</add> is one, and the only one that<lb/>
can be termed a <hi rend="underline">direct</hi> <del>one</del> remedy.</p>
<p>But <add>moreover against this same evil</add> the nature of things affords other remedies, that<lb/>
may be termed <hi rend="underline">indirect</hi>:  remedies which <del>though</del> inasmuch<lb/>
as they presuppose the existence of the direct remedy can not<lb/>
be made to serve in lieu of it, <del>will</del> <add>may</add> yet be seen to operate<lb/>
very powerfully in support of it.</p>
<p>On this occasion the object of the legislator will of course be,<lb/>
for such no one will deny but that it ought to be, to give to<lb/>
whatever remedies the nature of things presents for the combating<lb/>
of this evil, whatsoever degree of offence they may be susceptible of.</p>
<p>On this subject the matter of the present inquiry will be<lb/>
found <add>arranged</add> capable of being arranged under <add>one or other of</add> the heads following:</p>
<p>1.  <hi rend="underline">Shapes</hi> in which injustice in judicature is capable of manifesting<lb/>
itself.</p>
<p>2.  <hi rend="underline">Sources</hi> to which it is referable:  sources of <hi rend="underline">causes</hi> in<lb/>
which it may be seen to take its rise.</p>
<p>3.  <hi rend="underline">Direct remedies</hi> applicable to it, according to the shapes<lb/>
in which it is manifests <add>is liable to manifest</add> itself, and the sources in which<lb/>
it originates <add>is liable to originate</add>.</p>
<p>4.  <hi rend="underline">Modes of application</hi>:  <del>modes or forms in which</del> <add>denominations given to</add>an application,<lb/>
made by a party <del><gap/></del> representing himself as <add>presenting himself in the character of</add> a sufferer<lb/>
by the injustice, according to the nature of the direct remedy<lb/>
the administration of which is <del>prayed</del> which he prays may be administered:  <hi rend="underline">Appeal, Writ of Error</hi> &amp;c.</p>
<p>5.  <hi rend="underline">Indirect remedies</hi> – arrangements that present themselves as applicable<lb/>
to this purpose with advantage.</p>
<p>6.  <hi rend="underline">Improper direct remedies</hi>:  <del>modes</del> Operations actually in use in the character of remedies<lb/>
against injustice in judicatories,<lb/>
but <del>for</del> which for such reasons as <del>we</del> here given, will be stated as not being applicable to the purpose with advantage.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 16:08, 27 August 2023

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March 1807

In the conduct of every human tribunal, injustice is
liable to manifest itself in all its shapes.

If such remedies as the nature of things affords for
against this evil, exercise of the superintending authority of
most some other tribunal, applied to the correction of the injustice, is one, and the only one that
can be termed a direct one remedy.

But moreover against this same evil the nature of things affords other remedies, that
may be termed indirect: remedies which though inasmuch
as they presuppose the existence of the direct remedy can not
be made to serve in lieu of it, will may yet be seen to operate
very powerfully in support of it.

On this occasion the object of the legislator will of course be,
for such no one will deny but that it ought to be, to give to
whatever remedies the nature of things presents for the combating
of this evil, whatsoever degree of offence they may be susceptible of.

On this subject the matter of the present inquiry will be
found arranged capable of being arranged under one or other of the heads following:

1. Shapes in which injustice in judicature is capable of manifesting
itself.

2. Sources to which it is referable: sources of causes in
which it may be seen to take its rise.

3. Direct remedies applicable to it, according to the shapes
in which it is manifests is liable to manifest itself, and the sources in which
it originates is liable to originate.

4. Modes of application: modes or forms in which denominations given toan application,
made by a party representing himself as presenting himself in the character of a sufferer
by the injustice, according to the nature of the direct remedy
the administration of which is prayed which he prays may be administered: Appeal, Writ of Error &c.

5. Indirect remedies – arrangements that present themselves as applicable
to this purpose with advantage.

6. Improper direct remedies: modes Operations actually in use in the character of remedies
against injustice in judicatories,
but for which for such reasons as we here given, will be stated as not being applicable to the purpose with advantage.


Identifier: | JB/106/122/001"JB/" can not be assigned to a declared number type with value 106.

Date_1

1807-03-07

Marginal Summary Numbering

1-4

Box

106

Main Headings

scotch reform

Folio number

122

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e1

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

34710

Box Contents

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